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CHAPTER 850
SUBDIVISIONS: GENERAL PROVISIONS
850-1. Title
These regulations (Monroe County Code Chapters 850 through 860) shall be
known and may be cited as the "Monroe County Subdivision Control Ordinance" and are generally referred to herein as "the Subdivision Control Ordinance," "the ordinance" or "these regulations."
850-2. Policy
The following policies shall guide the interpretation, administration and enforcement of the Subdivision Control Ordinance.
(A) The subdivision of land, the subsequent development of the subdivided land and the public and private facilities and improvements proposed to serve the subdivided land shall be considered subject to the Comprehensive Plan and related policies (e.g., those embodied in the County Zoning Ordinance) and to all relevant County implementation programs (e.g., the Capital Budget, Official Map, Thoroughfare Plan, Zoning Ordinance, Drainage Ordinance, Housing Code and Building Code) for the orderly and efficient development of the County.
(B) Land shall not be subdivided if doing so would result in unreasonable peril from flood, fire or other menace. Land shall not be subdivided until adequate access to necessary public facilities and improvements is demonstrated and until provisions have been made for drainage, water, sewerage and other necessary public improvements (e.g., schools, parks, recreation facilities, and transportation facilities) adequate for serving the subdivision. Private wells and sewage disposal systems may be used in lieu of public water and sewage disposal systems if otherwise permitted by the Monroe County Code and if approved by the State and/or County Health Department.
850-3. Purpose of Regulations
The purpose of these regulations shall be:
(A) To protect and provide for the public health, safety, and general welfare of the County.
(B) To guide the future development and renewal of the County in accordance with the Comprehensive Plan and related policies, objectives and implementation programs.
(C) To provide for the safety, comfort, and soundness of the built environment and related open spaces.
(D) To protect the compatibility, character, economic stability and orderliness of all development through reasonable design standards.
(E) To guide public and private policy and action to ensure that adequate public and private facilities will be provided, in an efficient manner, in conjunction with new
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development, to promote an aesthetically pleasing and beneficial interrelationship between land uses, and to promote the conservation of natural resources (e.g., natural beauty, woodlands, open spaces, energy and areas subject to environmental constraints, both during and after development).
(F) To provide proper land boundary records, i.e.:
(1) to provide for the survey, documentation, and permanent monumentation of land boundaries and property;
(2) to provide for the identification of property; and, (3) to provide public access to land boundary records.
The Subdivision Control Ordinance shall be interpreted, administered and enforced in a manner that is consistent with the foregoing purposes.
850-4. Authority and Jurisdiction
These regulations, enacted pursuant to the Indiana home rule and planning enabling legislation (Indiana Code § 36-1-3-4 and the § 36-7-4-700 series, as amended), authorize the Monroe County Plan Commission to grant and revoke certain permits, to review and approve or disapprove construction plans and agreements, drainage and erosion control plans and other such plans and to review and approve or disapprove plats for the subdivision of land throughout the County Jurisdictional Area. This authority extends to the development or resubdivision of undeveloped portions of presently recorded plats within said area.
850-5. Enactment and Amendment
(A) These subdivision regulations are hereby adopted so that land may be subdivided in accordance with the foregoing purposes and policies. The Commission shall not have the authority to approve any subdivision which does not comply with these regulations.
(B) When necessary to further the purposes and policies of these regulations, the County may from time to time amend these regulations. Public hearings on all proposed amendments shall be held by the Commission and/or County in the manner prescribed by law.
850-6. Interpretation, Conflict and Separability
(A) In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(B) These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where the conditions imposed by, or pursuant to, these regulations are different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, statute or other provision of law, the provisions which are more restrictive and which impose higher/greater standards shall control.
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(C) The provisions of this ordinance are separable. If any part or provision of these regulations or the application thereof to any persons or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The County hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
(D) With respect to the subdivision of land within the zoning jurisdiction of another unit of government, the zoning laws of the other unit shall apply.
850-7. Computation of Time
Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded.
850-8. Saving Provision
These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the County under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the County except as shall be expressly provided for in these regulations.
850-9. Repealer
Upon the adoption of these regulations according to law, the subdivision provisions of the Zoning Ordinance of Monroe County, adopted August 29, 1986, as amended, is hereby repealed, except for such sections expressly herein retained.
850-10. Conditions
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this County. The Developer has the duty of compliance with reasonable conditions laid down by the Commission for design, dedication, improvement, and restrictive use of the land in order to conform to the physical and economical development of the County and to the safety and general welfare of the future lot owners in the subdivision and of the County at large. The failure to comply with such conditions may be cause for denial of the permits and approvals prescribed by these regulations and by the Zoning Ordinance and shall, if such failure occurs after final approval, constitute a violation of the Subdivision Control Ordinance.
850-11. Vacation and Resubdivision of Plats
(A) Any recorded plat or part of any recorded plat may be vacated only in accordance with I.C. 36-7-3, as amended.
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(B) The resubdivision or amendment of any part of a recorded subdivision plat shall be subject to approval by the Commission in accordance with the procedures, rules and regulations for subdivisions in addition to the procedures, rules and regulations specified for plat vacations in I.C. 36-7-3.
(C) Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots which could be resubdivided in accordance with these regulations and there are indications that such lots will eventually be resubdivided into smaller building sites, the Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. The establishment of easements which would allow for the future opening and extension of such streets may be made a condition of plat approval.
850-12. Modifications: Conditions and Procedure
(A) The Commission may authorize and approve modifications from the requirements and standards of these regulations (including the waiver of standards or regulations) upon finding that:
(1) practical difficulties have been demonstrated;
(2) the requested modifications would not, in any way, contravene the provisions of the Zoning Ordinance, the Comprehensive Plan or the Official Map of the County;
(3) granting the modifications would not be detrimental to the public safety, health, or welfare and would not adversely affect the delivery of governmental services (e.g., water, sewer, fire protection, etc.);
(4) granting the modifications would neither substantially alter the essential character of the neighborhood nor result in substantial injury to other nearby properties;
(5) the conditions of the parcel that give rise to the practical difficulties are unique to the parcel and are not applicable generally to other nearby properties:
(6) granting the requested modifications would not contravene the policies and purposes of these regulations;
(7) the requested modifications are necessary to ensure that substantial justice is done and represent the minimum modifications necessary to ensure that substantial justice is done;
(8) the practical difficulties were not created by the Developer, Owner, Subdivider or Applicant; and,
(9) the practical difficulties cannot be overcome through reasonable design alternatives.
(B) In approving modifications, the Commission may impose such conditions as will, in its judgment, substantially secure the objectives of these regulations.
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(C) With respect to each requested modification and each imposed condition, the Commission shall prepare and approve written findings of fact. Such findings shall address each of the conclusory findings set forth in Subsection (A) above and shall cite the specific facts that support each of the conclusory findings and that support each of the imposed conditions.
(D) Applications for modifications shall be submitted to the Commission, in writing, as a part of the preliminary plat application. On the application, the Applicant shall describe the requested modifications and shall submit proposed findings of fact in support of each requested modification. The Applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.
(E) The Commission's decision to grant or deny a modification or to impose a condition is discretionary.
850-13. Enforcement
(A) It shall be the duty of the Administrator to enforce these regulations on behalf of the Commission and to bring any violations of or lack of compliance with these regulations to the attention of the Commission Attorney. Upon the direction of the Commission or upon a reasonable belief that an ordinance violation has occurred, the Commission Attorney may file a complaint against the alleged violator.
(B) No Owner, or agent of the Owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Commission, in accordance with the provisions of these regulations, and filed with the County Recorder.
(C) The division of any lot or any parcel of land into a subdivision, as defined in this ordinance, for the purpose of sale, or transfer, or lease resulting in the creation of one or more new building sites shall not be permitted, unless accomplished in the manner prescribed by these regulations.
(D) No Improvement Location Permit, Land Use Certificate or Building Permit required under the Monroe County Building Code, the Zoning Ordinance or this ordinance shall be issued for any property subject to this ordinance until the provisions of this ordinance have been complied with.
(E) No road shall be laid out or constructed unless it is consistent with the Monroe County Thoroughfare Plan and/or has been approved by the Commission as part of a subdivision.
850-14. Violations, Penalties and Restraining Provisions
(A) Any person who violates a provision of this ordinance or any conditions imposed pursuant to this ordinance, shall be guilty of a Class C ordinance violation and shall be subject to a civil penalty of not more than three hundred dollars ($300.00) for each violation. Each day any such violation is committed or permitted to continue constitutes an additional, discrete ordinance violation.
(B) Any land within the County Jurisdictional Area subdivided in violation of the terms of this ordinance after the effective date hereof, is hereby declared to be a common
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nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
(C) The Commission may institute an injunction suit requesting that an individual or governmental unit be directed to remove a structure erected in violation of this ordinance, or to make the same comply with its terms.
(D) The Commission may institute a suit for mandatory injunction requesting an individual or governmental unit be directed, where such individual or governmental unit has violated any provisions of this ordinance, to comply with the provisions of this ordinance.
(E) If the Commission is successful in its enforcement action, the respondent shall bear the costs incurred by the Commission in the enforcement of this ordinance.
850-15. Form of Certificates, Notations, Applications and Findings
The Department shall establish the form of all certificates, notations, applications and findings required or permitted by these regulations. All such forms must be approved by the Commission and must be consistent with these regulations (see Chapter 860).
850-16. Appeals
(A) Any final decision of the Plat Committee, the County Engineer, the Administrator or the Director made under these regulations may be appealed to the Commission.
The notice of final decision shall contain the date of mailing thereon. An appeal may be initiated by the Applicant or by any property owner whose individual legal or property rights have been substantially and specifically injured by the final decision.
The appeal shall be directed to the Commission and filed with the Director. An appeal must be made within ten (10) days of the date of mailing of the notice of final decision to the Applicant or property owner.
(B) An appeal of a final decision by the Plat Committee, County Engineer, Administrator or Director shall be heard by the Commission within forty-five (45) days after the filing of an Appeal Application with the Director, and the Commission shall render its written final decision on the application within fifteen (15) days after its hearing. By agreement of the Commission and the appellant, the hearing may be continued from day to day.
(C) A final decision of the Commission may be appealed to the Monroe Circuit Court through a petition for writ of certiorari in the manner prescribed by the Indiana Code and relevant decisional law.
850-17. Fees
(A) Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the filing fees specified by Plan Commission rule and posted in the Plan Commission Office.
(B) No part of any filing fee shall be returnable to the applicant except by order of the Plan Commission or of a court of competent jurisdiction. All fees shall be payable to the Monroe County Plan Commission, and shall be deposited according to procedures established by the County Auditor.
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(C) Government agencies shall be exempt from paying fees for improvement location permits, land use certificates, or any other permit prescribed by these regulations.
(D) An applicant or petitioner may request a waiver of the fee requirement pursuant to and in accordance with Monroe County Code Section 270-17.
[end of chapter]
Revised 10/02/2015
CHAPTER 852
SUBDIVISIONS: DEFINITIONS
852-1. Usage
(A) Unless otherwise specifically provided, or unless clearly required by the context:
(1) words and phrases that are defined in this chapter shall be given their defined meaning when used in this chapter;
(2) words and phrases that are not defined in this chapter but that are defined in the Zoning Ordinance or in the Monroe County Code shall be given their defined meanings when used in this chapter;
(3) technical words and phrases that are not defined in this chapter, or in the Zoning Ordinance, or in the Monroe County Code, but that have established and appropriate meanings in law shall be given such meanings when used in this chapter;
(4) words and phrases that are not otherwise specifically defined shall be taken in their plain, ordinary and usual sense.
(B) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations;" the word "regulations" means "these regulations."
(C) A "person" includes a governmental entity, a corporation, a partnership, and an incorporated association of persons such as a club as well as an individual; "shall" is always mandatory; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
852-2. Definitions
Access Easement. A private way which provides access to lots, tracts or parcels of land and which meets the minimum standards set for in these regulations.
Accessory Building or Structure: A subordinate building or structure customarily incidental to and located on the same lot with the principal building.
Administrator. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Commission. This term shall be construed to include those planning staff members working under the direction of the Director pursuant to and in accordance with Monroe County Code Chapter 824.
Advisory Plan Commission. A plan Commission serving a single local government jurisdiction established as defined under the Indiana Code § 36-7-4-102, as amended.
Agency. See Public Agency.
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Alley. A public or private right-of-way primarily designed to provide secondary access to the side or rear of those properties which have principal frontage and/or access on a street.
Applicant. The owner of the land proposed to be subdivided or the Owner's agent or the Owner's legal representative or a person who owns a subordinate interest in the land and who has the Owner's consent to apply for a subdivision of the land.
Arterial. Either a Primary Arterial, Secondary Arterial, or Interstate as defined in this section.
Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
Board of County Commissioners. The duly elected Board of Commissioners of the County of Monroe, Indiana, referred to herein as "County" so as not to be confused with the Monroe County Advisory Plan Commission which is referred to herein as "Commission."
Buffer Landscaping. Any trees, shrubs, walls, fences, berms, or related landscaping features installed and maintained as required by these regulations or by the Zoning Ordinance for the purpose of providing a lot or area with sound and/or visual privacy from adjoining or nearby properties or public rights-of-way. (See Screening also).
Buildable Area. A designated area of a lot that is compact in form and necessary for the safe construction or placement of structures and associated utility infrastructure.
Building. Any roofed structure built for the support, shelter, or enclosure of persons or property. Any portion of a structure that is completely separated from other portions of the structure by a division wall without openings shall be deemed to be a separate building.
Building Area. See Lot Coverage.
Building Code. The County ordinance or group of ordinances that establish and control the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the County, also referred to herein as the "County Building Code."
Building Line. The line that establishes the minimum permitted distance on a lot between the front-most portion of any building or structure and the street right-of-way line. (See Yard, Front; Frontage).
Building Permit. A certificate issued by the building permit official of a governing body that permits a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within the governing body's jurisdiction, or cause the same to be done.
Building Permit Official. The local government official authorized to issue building permits.
Canopy Tree. A tree that would occupy the upper canopy of a forest in a natural ecological situation. Canopy trees are often referred to as shade trees (examples include, without limitation, beech, hickory, oak, maple and tulip poplar).
Capital Improvements Program. A proposed schedule of all future, major County capital improvements projects listed in order of construction priority together with cost estimates and
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the anticipated means of financing each project. All projects that require the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction, or replacement of the more durable, longer lived physical assets for the community shall be considered as major projects.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
Checkpoint Agency. A public agency or organization that is called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or that is required by law to give its assent before subdivision may take place (e.g., without limitation, Indiana Department of Transportation, Federal Emergency Management Agency, Army Corps of Engineers, Public Service Commission, Indiana Stream Pollution Control Board, Indiana Department of Natural Resources, Indiana State Board of Health, Monroe County Board of Health, Monroe County Drainage Board, etc.).
Collector Street. A major collector or a minor collector as defined in this section.
Commercial or Industrial Subdivision. Any subdivision of land which involves land that is zoned or intended to be used for commercial, industrial or multifamily purposes as defined in these regulations and/or in Zoning Ordinance.
Commission. The Monroe County Advisory Plan Commission and/or a delegate of the Monroe County Advisory Plan Commission, unless the context indicates to the contrary.
Commission Attorney. The licensed attorney designated by the Commission to furnish legal assistance for the administration of this ordinance.
Compliance Cost. The actual and/or opportunity costs of complying with a provision of the Subdivision Control Ordinance under typical, Monroe County land development conditions.
Comprehensive Plan. The inclusive physical, social, and economic plans and policies in graphic and verbal statement forms for the development of the County prepared and adopted by the Commission pursuant to the State Acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
Condominium. The division of building(s) and the related land into horizontal property interests meeting the requirements of condominiums as prescribed by Indiana Code § 32-1- 6-1 through 31.
Conservation Easement. An easement which restricts the use and/or guarantees preservation and/or maintenance of existing vegetation and/or other natural features within environmentally sensitive portions of the site.
Construction Plan(s). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this ordinance as a condition of plat approval.
County Attorney. The licensed attorney designated by the County to furnish legal assistance for the administration of these regulations in lieu of the Commission having its own attorney.
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County Auditor. The County official empowered to examine and settle all accounts and demands that are chargeable against the County and not otherwise provided for by statute.
County Building Code. See Building Code.
County Drainage Board. The Monroe County Drainage Board.
County Engineer. The person designated by the County to furnish engineering assistance in the administration of these regulations.
County Health Officer. See Health Officer.
County Housing Code. See Housing Code.
County Jurisdictional Area means the areas of Monroe County, Indiana, in which the County exercises planning and zoning jurisdiction, namely: all unincorporated areas of Monroe County, Indiana, that are not under the jurisdiction of another duly established plan commission; any area of Monroe County, Indiana, that was incorporated after August 29, 1986 and whose governing body has not adopted a zoning ordinance; and, any area of Monroe County, Indiana, made subject to the County’s planning and jurisdiction by way of interlocal agreement. NOTE: Pursuant to I.C. 36-7-4-1104b), the planning and zoning ordinances of Indiana political subdivisions may not regulate or restrict the use of property that is owned by the state or by any state agency.
County Recorder. The County official empowered to record and file subdivision plats.
County Surveyor. The County official empowered to keep and maintain the legal survey record book and the corner record book.
Covenant. See restrictive covenant.
Cul-de-loop. A cul-de-sac with a center or island that is intended to be used for parking or open space purposes.
Cul-de-sac. A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles. These dead-end roads are intended to serve only adjacent property owners.
Department. The Monroe County Planning Department and the staff thereof.
Designated Officials. Those officials of the Commission designated in the Subdivision Control Ordinance as required signatories of the certificate.
Developer. The fee simple owner of land proposed to be developed, or the fee owner's agent or the fee owner's representative, or a person who owns a subordinate interest in the land and who has the fee owner's consent to develop the land.
Director. The individual who is appointed by the Plan Commission to perform the duties set forth in Monroe County Code Chapter 824.
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Drainage Swale. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
Drainage System. Any combination of surface and/or subsurface drainage components fulfilling the drainage requirements of these regulations.
Drives, Private. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public rights-of-way.
Driveway. An access to a public road for one residence or one tract of land.
Driveway, Shared. A single access to a public road shared by two tracts of land.
Dwelling. A structure or portion thereof that is used exclusively for human habitation.
Dwelling, Attached. A dwelling unit that is attached to another dwelling unit by any means.
Dwelling, Detached. A dwelling unit that is not attached to any other dwelling unit by any means and that is surrounded by open space or yards.
Dwelling, Multifamily. A building containing three or more dwelling units.
Dwelling, Two-Family. A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household (see Housing Unit).
Easement. A right of use over designated portions of the property of another for a clearly specified purpose.
Environmental Constraints. Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
Erosion Control Handbook. The Indiana Construction Site Erosion Control Handbook or any other erosion control handbook designated by County ordinance or by official action of the Commission.
Escrow. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be held by the County Auditor.
Exempt Divisions. See definition of Subdivision.
Family. A group of individuals, not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit under a
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common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
Feasibility Report. A written report prepared by a registered professional engineer or a registered land surveyor pertaining to the suitability of the site for various types of water and sewage disposal systems; for drainage retention or detention; and the subsoil conditions for various methods of street construction.
Final Plat. The map, drawing, or plan, described in this ordinance, of a subdivision (including any accompanying material submitted to the Commission for final approval) which, if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
Final Plat Approval or Final Approval. Commission approval of a final plat of a subdivision the construction of which has been completed or secured by a performance bond and financial guaranty.
Financial Institution. Any bank, trust company, corporate fiduciary, building and loan association, credit union, savings bank, bank of discount and deposit or industrial loan and investment company organized or reorganized under the laws of the State of Indiana.
Flag Lot. A lot with two distinct parts:
1. The flag, which is the only building site; and is located behind another lot; and 2. The pole, which connects the flag to the street; provides the only street frontage for the lot; and at any point is less than the minimum lot width for the zone.
Flood Hazard Areas. Those lands within the County Jurisdictional Area which are subject to inundation by the regulatory flood.
Floodplain means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.
Flood Protection Grade. The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
Floodway. See Regulatory Floodway.
Floodway Fringe or Fringe is those portions of the floodplain lying outside the floodway.
Foundation. The supporting member of a wall or structure.
Frontage. That side of a lot abutting on a street, watercourse or lake and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and in the case of corner and through lots will be considered to front on both intersecting streets.
Multiple frontage lots will be considered to front on each street, watercourse or lake.
Frontage Street. A service road, usually parallel to a highway, designed to reduce the number of driveways that intersect the highway.
Governing Body. The body of the relevant local government having the power to adopt ordinances.
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Grade. The slope of a street or other public way specified in percentage (%) terms.
Grading. The stripping, cutting, filling, spreading or stockpiling of soil, sand, gravel or stone or any combination or mixture thereof on a tract, parcel or lot.
Hardship or Unnecessary Hardship. Significant economic injury that: (1) arises from the strict application of the Subdivision Control Ordinance to the conditions of a particular, existing parcel of property; (2) effectively deprives the parcel owner of all reasonable economic use of the parcel; and (3) is clearly more significant than compliance cost or practical difficulties.
Health Department and County Health Officer. The Monroe County Health Department and the person(s) designated by the County to administer the state and local health regulations within the County.
Height, Building. The vertical distance from the average grade level adjoining the building:
to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and, to the average height between the eaves and the ridge for gable, hip and gambrel roofs.
Highway, Limited Access. A principal arterial that connects centers of population and economic activity with the state or federal highway system. A freeway, or expressway, providing for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such a highway.
Housing Code. The County ordinance that controls the continuing safety and healthfulness of buildings for human occupation within the County's jurisdiction. Also referred to herein as the "County Housing Code."
Housing Unit. A room or group of rooms used by one or more individuals living separately from others in the building, with direct access to the outside or to a public hall and containing separate bathroom and kitchen facilities (see dwelling unit).
Improvements. See Lot Improvements or Public Improvements.
Indiana Code. The Burns Indiana Statutes Code Edition, which codifies all Indiana statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws "now" in force and applicable. (Usually abbreviated as I.C. herein).
Individual Sewage Disposal System. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device approved by the Health Department to serve the disposal needs of one single-family residential dwelling. An individual sewage disposal system is a private sewage disposal system.
Interested Parties. Those persons identified in the Plan Commission Rules of Procedure who are to be notified by mail of a public hearing, or other action, on a proposed division of land.
Intermittent Stream. A surface watercourse which flows typically only after significant precipitation events or during a particular season; and which evidences a discernable stream bed. The term intermittent stream does not encompass man-made drainage ways or natural swales which lack a discernable stream bed.
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Interstate. The highest type of primary arterial highway, with full access control, high design speeds, and a high level of driver comfort and safety. Interstate roads are at least four lanes wide with a median in rural areas. Access control is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections.
Land Disturbing Activity. Any man-made change of the land surface including the removal of vegetative cover, the removal of trees and filling or grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting crops, growing and tending gardens and minor landscaping modifications.
Land Divider. The owner of a parcel of land to be further divided pursuant to the exempt division regulations.
Landscaping Features. See Buffer Landscaping, Screening and Canopy and Understory Trees.
Legal Access. A platted access easement or the minimum required frontage on a street.
Legal Description. A description recognized by law which definitely describes real property by reference to government surveys, coordinate systems or recorded maps; a description which is sufficient to locate property without oral testimony.
Legal Drain. Any drainage system consisting of an open drain, a tiled drain, or any combination of the two, that is under the jurisdiction of the County Drainage Board as provided by I.C. 36-9-27, as amended.
Location Map. A map showing the location of the property proposed to be subdivided. Such a map shall show the closest cross streets in all directions.
Local Street. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
Lot. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
Lot Area. The area of horizontal plane bounded by the vertical planes through front, side and rear lot lines.
Lot, Corner. A lot situated at the intersection of two (2) streets. A corner lot has a front yard on each abutting street.
Lot Corner Marker. An iron or steel dowel at least thirty (30) inches long and 5/8 inch in diameter set at the vertices of each angle in a lot boundary line.
Lot Coverage. The percentage of the lot area that is covered by the building or structure, including covered porches or decks and accessory buildings or structures but excluding open courts, terraces or decks. (See Floor Area and Open Space).
Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. The lot depth of a multiple frontage lot may be determined from any of its front lot lines.
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Lot Improvement. Any building, structure, work of art, or other object, or improvement of the land on which such objects are situated that constitute a physical betterment of real property.
Lot Line, Front. The lot line abutting a street, watercourse or lake. Corner lots and through lots have at least two front lot lines, multiple frontage lots may have more than two front lot lines.
Lot Line, Rear. The lot line that is opposite to and most distant from the front property line.
In the case of a triangular or irregularly shaped lot, the rear property line shall be assumed to be a line not less than ten (10) feet long, lying within the lot and parallel to the front property line at a maximum distance from the front lot line. If the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten (10) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. A lot may have more than one rear lot line.
Lot Line, Side. Any boundary of a lot that is not a front or rear lot line.
Lot, Multiple Frontage. A lot with frontage at two or more locations.
Lot of Record. A lot which was created by subdivision, the plat of which has been approved as required by applicable County, City, and State law and recorded in the Office of the Monroe County Recorder; or a parcel of land, the bounds of which have been legally established by a separate deed and duly recorded in the Office of the Monroe County Recorder. “Legally established” means not in violation of any County, City, or State subdivision regulations existing at the time the lot was established by deed. Also, a parcel described by a single deed containing more than one (1) metes and bounds description shall be one (1) lot of record unless the parcels described by such separate descriptions have, in the past, been lawfully-established, separate parcels of record.
Lot, Out. That portion of land of a plat which is usually located adjacent to a street or frontage road and not dedicated to serving the needs of the primary development for an additional and separate building or buildings in the development.
Lot, Reverse Frontage. A through lot that is not accessible from one of the parallel or non- intersecting streets upon which it fronts.
Lot, Substandard. A parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located.
Lot, Through. A lot having frontage on two parallel or approximately parallel streets or on a street and a watercourse or lake. A through lot has a front yard on each abutting street, watercourse or lake.
Lot Width. The horizontal distance between the side lot lines measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building line.
The width of a multiple frontage lot shall be determined at all of its building lines.
Major Collector. Facilities that are designed to convey vehicles safely and quickly to the arterial road system. They serve minor population centers and neighborhood traffic generators that are not feasibly served by the arterials.
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Major Street. A collector or arterial street.
Major Street or Thoroughfare Plan. See Official Map.
Map. A representation of the earth's surface, or any part thereof, in signs and symbols, on a plane surface, at an established scale, with a method or orientation indicated.
Master Plan. See Comprehensive Plan.
Minor Collector. Facilities that are designed to convey vehicles to major collector or arterial streets.
Monument. A physical structure which marks the location of a corner or other survey point.
Multiple-Family Subdivision. A subdivision intended to be the site of more than one multi- family dwelling.
Municipal Sewage Disposal System. See Public Sewage Disposal System.
Municipal Water System. See Public Water System.
Off-Site. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the Applicant.
Official Map. The map or maps established by the County pursuant to law showing the existing and proposed streets, highways, parks, drainage systems, and set-back lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the County or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
Official Master Plan. See Comprehensive Plan.
Open Space. Total horizontal area of all portions of the lot not covered by buildings, structures, streets, parking areas or paved walkways.
Ordinance. Any legislative action, however denominated, of a local government which has the force of law.
Original Parent Parcel. The lot prior to the utilization of the sliding scale option subdivision method.
Owner. Any person listed in the records of the County Auditor and/or County Recorder as having title to land sought to be subdivided under these regulations. For purposes of these regulations, any land which is involved in a contract purchase may be subdivided only if both the contract purchaser and the contract seller sign the application for such subdivision.
Parcel. A part or portion of land having a legal description formally set forth in a conveyance instrument (e.g., a deed) together with the boundaries thereof, in order to make possible its easy identification.
Parent Parcel Remainder. The largest lot created under the sliding scale option subdivision method.
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Parent Tract. The land from which the new lot or tract of land is being taken as recorded in the County Recorder's Office on the date of adoption of these regulations.
Perimeter Street. Any existing street to which the parcel of land to be subdivided abuts on only one side.
Person. An individual, firm, limited liability company, corporation, association, fiduciary or governmental entity.
Plan Commission. See Commission.
Plat. A map, drawing or plan indicating the subdivision or resubdivision of land which is filed or intended to be filed with the Commission for approval under these regulations and with the County Recorder for recording.
Plat Committee. The Monroe County Plat Committee, appointed by the Commission (see Rules of Procedure), may hear subdivision proposals which do not involve the opening of new public ways and that comply in all other respects with these regulations and with the Zoning Ordinance.
Practical Difficulties. Significant economic injury that: (1) arises from the strict application of the Subdivision Control Ordinance to the conditions of a particular, existing parcel of property; (2) is not as significant as the injury associated with hardship, that is, it does not deprive the parcel owner of all reasonable economic use of the parcel; yet, (3) is clearly more significant than compliance cost.
Preliminary Approval. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the preliminary plat of the subdivision complies with the standards prescribed in this ordinance.
Preliminary Plat. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
Primary Arterial. A street intended to move through-traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the County; and/or as a route for traffic between communities; a major thoroughfare.
Principal Building. A building or structure or, where the context so indicates, a group of buildings or structures, in which the principal use of a lot or parcel is conducted.
Principal Use. The main use of land or structures as distinguished from a subordinate or accessory use.
Private Sewage Disposal System. Any sewage disposal system not constructed, installed, maintained, operated and owned by a municipality, a taxing district or a corporation or organization possessing a "Certificate of Territorial Authority" issued by the Indiana Utilities Regulatory Commission and established for that purpose. A private sewage disposal system is typically an individual sewage disposal system that may be either a subsurface septic system or mound septic system that is surface constructed of material brought to the site.
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Private Water System. Any plumbing system for providing potable water to a lot or parcel of property that is not constructed, installed, maintained, operated and owned by a municipality, a taxing district or a corporation or organization possessing a "Certificate of Territorial Authority" issued by the Indiana Utilities Regulatory Commission and established for that purpose. A private water system is typically a well drilled to serve a single lot.
Property Line. The boundaries of a lot of record excluding any right-of-way.
Public Agency. An agency or government department acting under the aegis of and representing an elected or appointed council, commission, or other policy-making or advisory body of federal, state or local government to whom it is responsible.
Public Improvement. Any drainage facility, street, thoroughfare, highway, parkway, sidewalk, pedestrian or bike-way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
Public Sewage Disposal System. Any sewage disposal system constructed, installed, maintained, operated, owned or defined as a public sewage disposal system by a municipality, taxing district or a corporation or organization possessing a "Certificate of Territorial Authority" issued by the Indiana Utilities Regulatory Commission and established for that purpose.
Public Water System. Any water system that is constructed, installed, maintained, operated, owned or defined as a public water system by a municipality, taxing district or a corporation or organization possessing a "Certificate of Territorial Authority" issued by the Indiana Utilities Regulatory Commission and established for that purpose.
Rear Yard. A yard, as defined herein, encompassing the horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the rear lot line.
Registered Land Surveyor. A land surveyor properly licensed and registered or, through reciprocity, permitted to practice in the State of Indiana.
Registered Professional Engineer. An engineer properly licensed and registered in the State of Indiana or, through reciprocity, permitted to practice in the State of Indiana.
Regulatory flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Chapter 808-2(B) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood”, “One-Percent Annual Chance Flood”, and “100-Year Flood”.
Regulatory Flood Elevation. The maximum elevation, as established by the Indiana Department of Natural Resources, reached by the Regulatory Flood at the
locations in question relevant to approval of a given subdivision.
Regulatory Floodway. The channel of a river or stream and those portions of the Flood Plains adjoining the channel which are reasonably required to efficiently carry and discharge
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the peak flow of the Regulatory Flood of any river or stream as shown on the Flood Insurance Rate Map Maps of Monroe County, Indiana, as prepared by the Federal Emergency Management Agency and dated August 2, 1995.
Required Improvements. The public improvements, lot improvements and/or landscaping features required by these regulations, by primary approval and by the subdivision improvement agreement.
Restrictive Covenant. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the Subdivider, and, in the case of public health, safety and welfare, by the Commission, and that are recorded with the plat and run with the land.
Resubdivision or Plat Amendment. A change in a map of an approved or recorded subdivision plat which affects any street layout on such map or area reserved thereon for public use, or any lot line, or setback; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
Right-of-way. A strip of land (other than an easement) occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, drainage swale or for another special use. The usage of the term "right-of-way" for land platting and zoning purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the Subdivider on whose plat such right-of-way is established.
Riparian Conservancy Areas (RCA). An area of Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways unless modifications are deemed necessary by the Drainage Board to improve drainage.
Such land or lands subject to periodic flooding shall not be included in the computations for determining compliance with the lot area requirements set forth or incorporated in these regulations.
Road(s). See Street(s).
Roadway. The portion of the street right-of-way that is surfaced and available for vehicular movement. Roadway width shall be measured between the edges of the curbs which are furthest from the street pavement.
Rural Area. An area that may not be classified as an urban area.
Sale or Lease. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
Same Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a
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member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
Screening. Landscaping or a fence, wall or similar structure, or combination thereof, designed and established to shelter, protect or hide one use or property from another, possibly incompatible, use or property.
Secondary Arterial. A street intended to collect and distribute traffic in a manner similar to primary arterials, except that they are designed to carry traffic from collector streets to the system of primary arterials and typically service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices.
Secretary. The secretary of the Commission, who shall be the Director unless the Commission takes official action to designate another person to act as secretary.
Sectionalizing or Phasing. A process whereby an Applicant seeks final plat approval on only a portion of a plat which has been granted preliminary approval.
Section Corner. A corner established as part of the United States Public Land Survey System used for horizontal control in describing land.
Setback. A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings or structures (some exceptions) may be erected as prescribed in the County Zoning Ordinance.
Sewage. The water-carried waste derived from ordinary living processes, including, but not limited to, human excreta and waste water derived from water closets, urinals, laundries, sinks, utensil and clothes washing machines, bathing facilities or similar facilities or appliances.
Sewage Disposal System. Any arrangement of devices and structures used for receiving, treating, disposing or storing of sewage.
Side Lot Lines. Any lines separating two lots other than front or rear lot lines.
Single Housekeeping Unit. A single housekeeping unit may exist where the occupants of the unit enjoy common use and access to all living and eating areas, bathrooms, and food preparation and serving areas.
Sliding Scale Option Small Lot- In the AG/RR, CR and FR zoning districts, individual small lots ranging in size from two and a half (2.5) to five (5) acres which can only be created through the Sliding Scale Option Subdivision Option.
Soil Survey. The National Cooperative Soil Survey Project by the United States Department of Agriculture, Soil Conservation Service (now Natural Resources Conservation Service) in cooperation with Purdue University.
Special Landscaping. Areas of tree planting, shrubs, or other landscape features serving a public purpose and maintained by the County. (See also Buffer Landscaping and Screening).
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Spite Strip. An unbuildable, usually narrow, strip of land situated between a property line and a proposed road or street right-of-way, the primary purpose of which is to prohibit access to the street or right-of-way from the adjacent property.
State Acts. Such legislative acts of the State of Indiana as they affect these regulations.
State Plane Coordinates System. A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.
Street. An improved land right-of-way that provides the principal means of access to abutting property.
Street, Dead-end. A street or a portion of a street with only one (1) vehicular-traffic outlet and no turnaround at the terminal end.
Streets, Classification. For the purpose of providing for the development of the streets, highways, and rights-of-way in the County, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, and right-of-way, and those located on approved and filed plats, has been or will be designated on the Official Map of the County or Thoroughfare Plan and classified therein. The classification of each street, highway, and right-of-way is based upon its location in the County, its present and estimated future traffic volumes and its relative importance and function as specified in the County Comprehensive Plan and/or its Thoroughfare Plan component. The required improvements shall be measured as set forth for each street classification on the Official Map.
Street, Non-dedicated. Any street that is intended for private uses, that is not a maintenance responsibility of the County and that meets the minimum design and construction standards set forth or incorporated in these regulations.
Street Right-of-Way Width. The width of the street right-of-way measured at right angles to the center line of the street.
Structure. Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.
Subdivider. Any person who, having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision.
Subdivision. The division of a lot of record into two (2) or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, allocation, distribution, transfer, hold for investment or development, either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision. Subdivision includes the division or development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
Subdivision, Administrative. A subdivision of land that is specifically exempted from the preliminary and final plat approval procedures and requirements of the Subdivision Control Ordinance. An administrative subdivision must be one of the following types of division:
(A) A division of land into two (2) or more tracts of which all tracts are at least
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five (5) acres in size; (Repealed by Ordinance 2015-02)
(B) A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites other than for
accessory buildings are created by the division;
(C) A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;
(D) A division of land for federal, state or local government to acquire street right-of- way;
(E) A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division.
The lots so created hereunder shall have only one principal use building site each. (See Principal Building); and,
(F) A division of land into cemetery plots for the purpose of burial of corpses.
Subdivision Agent. Any person who represents or acts for or on behalf of a Subdivider or Developer in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services, and who is not involved in developing, marketing or selling real property in the subdivision.
Subdivision Improvement Agreement. A document which establishes the contractual relationship between the Developer of a subdivision and the County for the completion and maintenance of the required improvements in accordance with these regulations.
Subdivision, Major. Any division of land including but not limited to subdivisions of five (5) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
Subdivision, Minor. Any subdivision containing not more than four (4) lots in which all lots have at least 50 feet of frontage on an existing street that is an improved right-of-way maintained by the County (or other local government) or access by a 50' access easement, and not involving:
1) any new street,
2) the extension of municipal facilities for non-residential use,
3) the creation of any public improvements other than sidewalk or street trees, and 4) conflict with the Comprehensive Plan, Official Zone Map, Zoning Ordinance, or this ordinance.
Subdivision, Nonresidential. A subdivision intended for nonresidential use.
Subdivision Review Committee. A committee established by the Commission to provide technical services to the Commission in the administration of these regulations.
Subdivision, Sliding Scale Option. In the AG/RR, CR and FR zoning districts, an optional method of subdivision which establishes a parent parcel remainder and up to three (3) sliding scale small lots.
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Subsurface Drainage. A system of pipes, tiles, conduits or tubing installed beneath the ground surface used to collect ground water from individual parcels, lots or building footings.
Surface Drainage. A system by which the storm water runoff is conducted to an outlet. The term encompasses the proper grading of parking lots, streets, driveways, yards, etc., so that storm water runoff is removed without ponding and flows to a drainage swale, open ditch or storm sewer.
Temporary Improvement. Improvements built and maintained by a Subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond, or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
Topographic Plat. A plat drawing with contour lines (delineating elevation) superimposed over the subdivision lot and street layout that indicates existing and proposed contours and other site features, such as structures, drainage ways, proposed changes in drainage features, etc.
Thoroughfare Plan. See Official Map.
Understory Tree. A tree that would occupy the understory of a forest in a natural ecological situation and that is typically referred to as an ornamental tree (e.g., without limitation, red bud, hazel, holly and dogwood).
Unnecessary Hardship. See Hardship.
Urban Area. An area subject to utility services as shown on the Urban Services Boundary Map or an area within six hundred sixty (660) feet of utility service facilities as shown on the Urban Services Boundary Map.
Urban Services Boundary. The boundary of a region within which public sewer services are generally available.
Vulnerable Land. Natural features where human activities degrade characteristics of the feature resulting in harm to the feature whether it is fauna, flora, or human life. Vulnerable Land includes floodplains, karst, steep slopes, riparian areas, wetlands, poor soils, threatened species habitat, critical water supply watersheds as well as potential and existing reservoirs. Vulnerable Land also includes land for which there is a public expectation of a long-term sustainable use for a specific purpose. This category of Vulnerable Land includes historic sites, public open spaces, potential reservoirs to assure our potable water supply, our best agricultural and forest land, drainage ways, mineral resources, and transportation corridors.
Yard. A space on the same lot with a principal building, such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
Yard, Front. A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to the right-of-way line and that right-of-way line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the right-of-way line.
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Zoning Ordinance. The County ordinance setting forth the regulations controlling the use of land in the County Jurisdictional Area, also referred to as the "Monroe County Zoning Ordinance," or any other relevant zoning ordinance.
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